Debasish Roy v. Bipul Roy

27.02.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 237 Constitutional Civil Jurisdiction Sl. No. 40 Appellate Side Moumita CO 3919 of 2024 Sri Debasish Roy Vs Bipul Roy Mr. Siva Prosad Ghose Ms. Jyotsna Mukherjee Ms. Srijani Mukherjee ...... for the Petitioner This is an application where petitioner is preferred for a direction upon the court below for expeditious disposal of ejectment suit no. 42 of 2010 presently pending before the Civil Judge, Junior Division, 2nd Court, Barrackpore. Petitioner contended that he filed the instant suit for eviction against the defendant/opposite party herein, which is pending from the year 2010 but the trial has not yet been started and the suit is still pending for holding local inspection commission.

Accordingly, a direction may be passed upon the court below for expeditious disposal of the pending interlocutory applications as well as the suit. Since the prayer made on behalf of the petitioner is innocuous and if any order is passed in terms of the prayer made in the Application, the other party will have no cause to prejudice, the service of the copy of

application or notice upon the opposite party is dispensed with.

Having heard learned Counsel appearing for the petitioner and also considering the age of pendency of the suit, I find that the prayer made on behalf of the petitioner is justified and required to be allowed for the ends of justice.

In such view of the matter CO 3919 of 2024 is hereby disposed of with the direction upon the court below for making endeavour for expeditious disposal of the pending interlocutory applications preferably within a period of three months from the date of communication of this order and to make every endeavour to dispose of the entire proceeding of the suit, preferably within a period of six months thereafter.

(Dr. Ajoy Kumar Mukherjee, J.)